Ukrainian Sergeant Sentenced to Five Years for Refusing Deployment Near Bakhmut

Court Martial of a Mobilized Sergeant in Ukraine's Armed Forces

According to Главком: On March 28, 2024, the Shevchenkivskyi District Court in Dnipro handed down a five-year prison sentence to a mobilized sergeant from the Armed Forces of Ukraine. The charge: refusing a direct combat order to move to positions near Bakhmut. The court found him guilty under Article 402, Part 4 of Ukraine's Criminal Code, which addresses insubordination under martial law. His defense's claims of poor health were rejected.

Details of the Incident

The incident unfolded around 10:20 AM near the town of Chasiv Yar. The sergeant, along with two soldiers, was ordered to join a composite group that would fall under the operational command of the 2nd Rifle Company commander by 1:00 PM. They were also required to reach the Derkul section positions by 3:00 PM. Their primary mission was to hold defensive lines, prevent any loss of ground, and block enemy advances toward Bakhmut and Novyi. The court noted that the sergeant's refusal was recorded on a mobile phone by the company's driver, who also served as a film projectionist.

According to military medical board certificates, the sergeant was deemed fit for duty both before the incident (on March 21, 2024) and after (on April 11, 2024). A medical check conducted just before the order was given found no objective reason for him to disobey. He was formally detained on April 18, 2024, and has 30 days to appeal the sentence.

The court found no factors that could either mitigate or aggravate the punishment. Witnesses confirming the refusal included the company commander, the deputy company commander, and the driver. The verdict states:

“A subordinate has no right to discuss, criticize, or assess the commander’s orders, their tactical soundness, ammunition quantities, or movement timings. Unity of command is a fundamental army principle, and the commander who issues the order bears sole responsibility for its consequences.”

This case is part of a broader trend of strict military discipline enforcement in Ukraine. For instance, the Prydniprovskyi District Court in Cherkasy convicted another soldier of high treason, while the Shevchenkivskyi District Court in Kharkiv sentenced a junior border guard sergeant to five years for failing to report to her unit on the first day of the full-scale invasion.

Ukraine's wartime judicial system has intensified efforts to maintain order among troops. Such verdicts send a clear signal to other service members about the severe consequences of insubordination, especially in active combat zones. They highlight the critical importance of adhering to military discipline and executing orders to ensure the country's defense effectiveness.

This case highlights ongoing challenges within the Ukrainian military regarding compliance with orders under difficult circumstances. Similarly, another soldier recently faced legal consequences for failing to report for duty, receiving a five-year sentence for two separate incidents of going AWOL. For more details on this related case, see the full report on the sentencing.